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Source: Berita Harian, Page 31, 21 October 2013KUDOS BNM! There is JUSTICE after all.
Finally BNM is going after the REAL CULPRIT who started it all.

Greedy Genneva ex-chairman Ahmad Khairuddin bin Ilias was turned down when he wanted more money from management. It was a personal vendetta, “all or nothing”, took his revenge with his cahoots by going to the authorities such as JAKIM, PPIM and BNM claiming that Genneva was not Syariah-compliant.

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The Helpdesk Crew has consulted our lawyer and the lawyer has advised the following:

1. Since the BNM raid on 1 October 2012 (before the charge), any attempt to recover the seized assets would have been futile as the case was still under investigation. Now that GMSB and its directors have been formally charged in court, all monies and gold seized are the subject matter of the case and as such will be used as exhibits during trial.

2. As exhibits, the AG has an absolute say in its custody. No one can apply to the AG (because now it is under the purview of the AG’s department and no longer that of BNM) to get the monies and gold released until the proceedings of the hearing/trial is fully exhausted, including the prospect of any appeals to higher courts.

3. Sections 55, 56 and 61 of AMLA (the provisions dealing with forfeiture of seized properties) are no longer applicable to our situation because there are already multiple charges levelled against the company and its directors and the trial dates have been duly fixed. If the company and its directors are found to be guilty, all the seized properties are liable to be forfeited pursuant to S. 55 of the act. See also the recent Court of Appeal case involving FX Capital Consultant (M) Sdn Bhd & Raja Noor Asma Raja Harun (The Malaysian Insider dated 4th October 2013).

4. Should anyone decide to proceed with winding up petition against the company or for that matter if the company is wound up, we may file our proof of debt staking a claim for our gold and monies as “unsecured creditors”. But by doing this, we are merely staking a claim against the company and such action does not in any way guarantee that we will get our gold or monies back. The downside of doing this is of course the risk of losing more money (paying for legal fees to lawyers to file such claims) but getting nothing back in return.

5. It is worthwhile for us to engage our lawyer to hold a watching brief (i.e. a lawyer representing all 2000 of us as customers) over the whole conduct of the case. This lawyer will sit in during trial as solicitor acting on our behalf and his role is to have our interests protected at all times and also to know as well as to keep us informed of what is going on.

6. We will only have a chance of claiming our monies and gold back as unsecured creditors if the accused persons are acquitted at the end of the trial process (barring the contingency of any appeal to higher court). However, as mentioned above, if the accused party or parties are found guilty, the gold and monies will be deemed to be part and parcel of illegally obtained assets and consequently will be forfeited by the government to go into “the treasury’s coffers”. See the above mentioned court of appeal case.

Heeding the lawyer’s advice, the JR team is agreeable to proceed to act accordingly.

Helpdesk Crew, Kuala Lumpur

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Helpdesk is at a crucial stage of final preparation of its court action against the authorities. The lawyer acting for the case wish to include in the pleadings a demographic profile of all affected Gennevarians who have medical conditions or disabilities and are presently suffering due to financial difficulties that was caused (whether directly or indirectly) by BNM’s unjust raid on Genneva Malaysia Sdn Bhd in October last year.

As such, Helpdesk is appealing for the following categories of Gennevarians to come forward so that your special plight is well taken note of:-

People who are in need of dialysis treatment or other dire treatment that is life sustaining;

Retirees or pensioners;

People with children studying overseas; and

People who are in dire straits and are highly dependent on their savings which have been stuck since the raid.

Therefore, we shall be pleased to hear from you by either EMAILING to us at gennevafamily@gmail.com or by SMS at 012-3012509 stating your name, NRIC number, details of your condition that you are suffering and most importantly your contact number and address by Saturday 11 May 2013.

We would like to thank you in advance for participating in this exercise.

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While some 8,000 Genneva customers waited patiently for their gold or money seized by BNM to be returned to them; 52,000 Genneva customers including senior citizens and the sick have had no hibah and some 6,000 Genneva consultants had no income and had to find other means to put food on the table, pay loans or children’s education.

Genneva customers appealed to the highest authorities for help, including Prime Minister Najib Tun Razak who was also Finance Minister before Parliament was disolved. He said “Don’t worry.” – http://bit.ly/VHGBor

Seven long months and our appeals fell on deaf ears of PM and all component parties within Barisan Nasional. EMPTY PROMISES AND PIN DROP SILENCE were all we received since the unjust raid by BNM on 1 October 2012.

Limited 100 seats per session. COME EARLY TO REGISTER.
VENUE : GOLDBEAM, M Floor. This briefing will be conducted in English, strictly for Genneva customers and consultants who are JR Participants only.
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The Help Desk Crew is aware that there has been tremendous anxiety and frustration amongst some of you who are looking forward to progress updates on the filing of the court proceeding against the authorities who are holding our gold and money unjustly.

Help Desk would like to inform that data entry has been completed last week and duly compiled according to the respective categories of affected Gennevarians. In other words, we know each and every one of you who have joined in the class action. That makes you identifiable and contactable either through the conventional SMS or by email.

The legal volunteers have been working hard with regards to the proposed JR action and they have consulted at least five different legal eagles who have established themselves in the legal circle and these lawyers have generously given their respective input and opinion pertaining to the different options and scenarios as well as consequences that can be safely ventured through by all of us as a class of aggrieved plaintiffs. The findings are now collated into a summarized conclusion.

To each and every one of you who have boldly stepped forward and be counted, Help Desk is determined to see you through a decisive actionable course of legal redress against the unjust raid that has befallen on Genneva Malaysia Sdn Bhd, thus resulting in all Gennevarians to be a financial casualty in the hands of some reckless people holding power in authority. As interested party, you are naturally anxious to know what’s happening and Help Desk volunteers are not going to keep you in the dark.

As such, there will be update sessions to be held from time to time just for you and at the end of every session there will be Q&A so that you are clear of all issues that may crop up during the different stages of the legal progress. There is going to be a first session held next week and all those involved would be duly notified by SMS and/or email of the time and venue.

Please note that the update sessions are only for Gennevarians who have participated in the JR action and as such it is not open for all members of the public. Entry to future meetings will be checked against names that are registered with Help Desk. Members of the public who are not involved will be denied entry.

► KOTA KINABALU : 12:00PM-1PM, briefing followed Press Conference to be led by PKR Complaint Bureau Chief Christina Liew at SGCC function room 1st floor, Sabah Golf & Country Club. This briefing will be conducted in English, open to Genneva customers and consultants.

MONDAY, 11 March 2013:

KUALA LUMPUR : 7:30PM, GOLDBEAM 1st Floor. This briefing will be conducted in English, open to Genneva customers and consultants.

TUESDAY & WEDNESDAY, 5 & 6 March 2013:

KUALA LUMPUR : 7:30PM, GOLDBEAM 1st Floor. This briefing will be conducted in English, open to Genneva customers and consultants.

MONDAY, 4 March 2013:

IPOH: 7:30PM, Genneva Office, Ipoh. This briefing will be conducted in Mandarin and English, open to Genneva customers and consultants.